History of the Right of Land Ownership in Albania

Abstract

Theoretical definitions for the definition of the property in generaland especially for land ownership are different from the legislation of different countries, but have evolved over time. However, despite the many deficiencies that these definitions have had, they have positively influenced the discovery of the substance of land ownership institute. The Property Rights Institute is the central institute of a socio-economic system, or of a legal system. The right to ownership represents a social relationship regarding the subject. While land ownership occupies the main place in any legal order and it directly or indirectly determines the content of other institutes and generally other forms of ownership. The 1998 Constitution of the Republic of Albania refers to the “private and public property” institutes as the basis of the economic system, and sets out four aspects for the composition of these institutes. First, both forms are equally protected by law. Second, the right to private property is guaranteed. Thirdly, the mechanisms for buying property should be defined in the Civil Code, and fourth, expropriation for public use is allowed only when there is a legitimate public interest and when they are fairly compensated. These constitutional measures provide significant protection to property rights, but the full composition of these rights should be defined within the wider context of civil code.

Keywords: Land Ownership, Property Rights Institute, Socio Economy System


Article Review Status: Published

Pages: 40-46 (Download PDF)

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